The rule of law is an important symbol of progress in human civilization, it is the basic method of governing the country, and is steadfast pursuit of the Communist Party of China and the Chinese people. Thriving rule of law makes the country thrive, and strong rule of law makes the country strong. This plan is formulated for the overall coordination and advancement of the construction of the rule of law in China.
I. Unerringly Follow the Path of Socialist Rule of Law with Chinese Characteristics, and Strive to Build a China Under Rule of Law with Good Laws and Good Governance
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has positioned the rule of law, arranged the rule of law, and strictly enforced the rule of law from the overall and strategic high position of adhering to and developing socialism with Chinese characteristics , and has incorporated comprehensive rule of law into the “four comprehensive” strategic layout, strengthening the party’s centralized and unified leadership over the rule of law in an all-round way, comprehensively promote scientific legislation, strict law enforcement, fair justice, and law-abiding by all people, forming Xi Jinping Thought on the rule of law, creating a new situation for the rule of law in a comprehensive way, laying the solid foundation for a new starting point to build the rule of law in China.
The world today is undergoing major changes unseen in a century, our country is in a critical period to realize the great rejuvenation of the Chinese nation, the tasks of reform, development, and stability are arduous and onerous, and comprehensive opening up to the outside world has been advanced, with increasing demands by the people for democracy, rule of law, fairness, justice, security, and the environment, it is necessary to bring into play well the guaranteeing function of the rule of law that secures the foundation, stabilizes expectations, and benefits the long-term. On the new journey of taking on great struggles, great projects, great undertakings, great dreams, and comprehensively building a socialist modern country, we must put the comprehensive rule of law in an overall, strategic, fundamental, and guarantee position, and continue advancing towards the comprehensive establishment of the rule of law in China.
(1) Guiding Ideology
Hold high the great banner of socialism with Chinese characteristics, adhere to the guidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiaoping Theory, the "Three Represents", the Scientific Outlook on Development, and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, as well as comprehensively implement the 19th CPC National Congress and the spirit of the Second, Third, Fourth, and Fifth Plenary Sessions of the Nineteenth Central Committee, comprehensively implement Xi Jinping Thought on Rule of Law, strengthen the “four consciousnesses”, strengthen the “four self-confidence”, achieve “two safeguards”, adhere to the organic unification of party’s leadership, the people as masters of the country, and the rule of law, unswervingly follow the path of socialist rule of law with Chinese characteristics, cultivate and practice socialist core values, focus on solving outstanding problems in the field of rule of law, build a socialist rule of law system with Chinese characteristics, and build a socialist rule of law country, promote the modernization of the country’s governance system and governance capabilities on the path of the rule of law, improve the party’s capacity to govern the country in accordance with the law, and to govern by law, and provide a powerful legal guarantee for the comprehensive construction of a modern socialist country and the realization of the Chinese dream of the great rejuvenation of the Chinese people.
(2) Main principles
——Persist in the centralized and unified leadership of the Party. Firmly grasping the leadership of the party is the most fundamental guarantee of the socialist rule of law, adhere to the party's leadership in legislation, ensure law enforcement, support the judicial system, take the lead in observing the law, give full play to the party's leadership role in the overall situation and coordination of all parties to ensure the correct direction of the rule of law in China .
——Persist in implementing the theory of Socialist Rule of Law with Chinese Characteristics. Thoroughly implement Xi Jinping Thought on the Rule of Law, systematically summarize and apply the fresh experience of constructing socialist rule of law with Chinese characteristics in the new era, and continuously promote the innovative development of theory and practice.
——Persist in being centered on the people. Adhere to the establishment of the rule of law for the people, rely on the people, and promote the all-round development of people, strive to make the people feel fairness and justice in every legal system, every law enforcement decision, and every judicial case, and strengthen the protection of human rights and the rule of law, the property and rights of citizens, legal persons and other organizations shall not be restricted or deprived for legal reasons and without legal procedures.
——Persist in overall coordination and advancement. Adhere to the joint advancement of rule of law, rule of law, and administration of law, adhere to the integrated construction of a country ruled by law, a government under the rule of law, and a society ruled by law, adhere to the combination of rule of law and rule of virtue, adhere to the organic unity of rule of law and rule of the party, and comprehensively promote scientific legislation, strict law enforcement, fair justice, and law-abiding by all people.
——Persist in being problem-focused and goal-oriented. Focus on outstanding issues and weak links in the construction of the rule of law that are strongly reflected by the people and of concern for the Party Central Committee, focus on advancing the modernization of the national governance system and governance capabilities, solidify the foundation, promote strengths, make up for shortcomings, and strengthen weaknesses, effectively enhancing the timeliness, pertinence, and effectiveness of building the rule of law in China.
---Persist in proceeding from the realities in China. Consider as a whole the comprehensive factors such as economic and social development, the overall process of the construction of the rule of law, and changes in the needs of the people based on the basic national conditions of our country, absorb the essence of Chinese legal culture, learn from the useful experience of foreign rule of law, and make progress in a gradual and long-term basis to ensure that the design of various systems is feasible and effective.
(3) Overall Goals
To build rule of law in China, it is necessary to achieve scientific, complete and unified legal norms, efficiency and authoritativeness in law enforcement and judicial justice, effective control and supervision of power operation, full respect and protection of the people's legitimate rights and interests, universal establishment of belief in the rule of law, and the establishment of a country ruled by law, a government ruled by law, and a society ruled by law.
By 2025, the party leadership will have a more complete system of governing the country according to law, a more complete socialist legal system with Chinese characteristics centered on the Constitution, a more complete governance system with clear responsibilities and governing according to law, and a mutually coordinated and mutually restrictive judicial power operating mechanism that is more scientific and effective, significant progress will have been made in the construction of a rule of law society, the legal system within the party will have been improved, and a socialist legal system with Chinese characteristics will have taken shape.
By 2035, a rule of law country, a rule of law government, and a rule of law society will be basically completed, a socialist rule of law system with Chinese characteristics will basically have taken shape, the people's right to equal participation and equal development will be fully guaranteed, and the modernization of the national governance system and governance capabilities will be basically achieved.
II. Comprehensively Implement the Constitution; Resolutely Preserve the Dignity and Authority of the Constitution
To build a rule of law in China, it is necessary to attach great importance to the important position and function of the constitution in the governance of the country, insist on administering the country according to the constitution and governing according to the constitution, take the full implementation of the Constitution as the primary task, improve the system and mechanism to ensure the full implementation of the Constitution, and raise the implementation and supervision of the Constitution to a new level.
(4) Persist in having the Constitution as the fundamental norm for activities. People of all ethnic groups, all state organs and armed forces, every political party, every social organization, and all enterprises and institutions all have the responsibility of safeguarding the dignity of the Constitution and ensuring the implementation of the Constitution, and they must not have the privilege of exceeding the Constitution and laws. Persist in the supremacy of the constitution and the law, maintain the unity, dignity, and authority of the country's legal system, no laws, regulations, or normative documents may conflict with the constitution, and every violation of the constitution and laws must be investigated. The party takes the lead in respecting and implementing the Constitution, unifying the party's leadership of the people to formulate and implement the Constitution and laws with the party's insistence on bringing activities within the scope of the Constitution and laws, and guarantee the effective implementation of the Constitution and laws.
(5) Strengthen Constitutional Enforcement and Oversight. The National People's Congress and its Standing Committee must earnestly undertake duties of Constitutional oversight, strengthening implementation and oversight of the Constitution and making it an important part of the Standing Committee's annual report. Laws, decisions, and resolutions passed or made by the National People's Congress and its Standing Committee shall ensure their compliance with the provisions and spirit of the Constitution. Advance constitutional review efforts, complete systems for constitutional review, and clarify the principles, contents, and procedures of constitutional review. Establish and complete systems for prior review and consultation involving constitutional issues; in which a written request for Constitutional review is submitted to the Standing Committee of the National People's Congress in accordance with relevant provisions for all proposed administrative regulations, military regulations, supervision regulations, local regulations, special economic zone regulations, autonomous regulations and special regulations, departmental rules, local government rules, judicial interpretations and other normative documents, important policies, and major measures in relevant areas that involve questions of how to understand, implement or apply provisions of the Constitution. In recording-and-review work, emphasis shall be on reviewing whether there is any content that does not conform to the provisions and the spirit of the Constitution. Strengthen efforts on constitutional interpretation, put procedures and mechanisms for constitutional interpretation in place, and respond to concerns related to constitutional issues.
(6) Advance publicity and education on the Constitution. Carry out in-depth publicity and education activities for the whole society on respecting, studying, obeying, preserving, and using the Constitution, popularize the knowledge of the Constitution and carry forward its spirit. Take hold of the "key minority" of leading cadres, making the study of the Constitution and the laws an important part of the organized study in Party committee (group) theoretical study centers, and incorporating it into the training and education system for Party and State personnel. Fully implement the constitutional oath system. Strengthen education for youths on the constitution and laws, enhancing their awareness of rules and their conception of rule of law. Build the National Constitution Publicy and Education Hall on the foundation of the "May 4th Constitution" historical materials exhibition pavillion. Strengthen the compilation, revision, and use of research and teaching materials on constitutional theory, consolidating the characteristics of our nation's Constitution in this era and in practice, to form a socialist constitutional theory and discourse system with Chinese characteristics.
III. Build a Complete System of Legal Norms, and Use Good Laws to Promote Development and Ensure Good Governance
To establish a China with rule of law, legislative work must be strengthened and improved to thoroughly advance legislation that is scientific, democratic, and law-based, and continuously improve its quality and efficiency, to guarantee high-quality development through high-quality legislation, promote comprehensive and deep reforms, and maintain overall social stability.
(7) Improve the framework for legislative work. Strengthen the party’s leadership over legislative work, and improve the legislative work structure featuring party committee leadership, NPC leadership, government support, and participation of all parties. The Party Central Committee is to lead the country’s legislative work and is to study and decide upon major issues in the country’s legislative work; Party committees in places with legislative authority are to lead the legislative work in their respective regions in accordance with the policies of the Party Central Committee.
Improve the system and mechanism under which the people’s congresses leading the legislative work. Strengthen people’s congresses' organization and coordination of legislative work, and give play to the deliberation and gatekeeping role of the people’s congresses and their standing committees. Complete mechanisms for the relevant NPC special committees and NPCSC working bodies taking the lead in drafting important bills. Give greater play to the role of people's congress delegates in drafting and revising laws and regulations; meetings of people's congresses shall all generally arrange for the deliberation of laws and regulations. Study and improve the meeting system of the Standing Committee of the National People's Congress, and explore increasing the number of meetings for the Standing Committee of the National People's Congress to deliberate laws and regulations. Give full play to the role of the constituent members of the standing committees of people’s congresses in legislation, and gradually increase the proportion of full-time standing committee members, especially those with experience in rule-of-law practice.
Emphasize giving play to the important role of government in legislative work. Do a good job of drafting laws and local rules, and strengthen legislative coordination between government departments. Formulate administrative regulations and rules, in strict accordance with legally-prescribed authority and procedures to ensure the quality of administrative regulations and rules.
Broaden the channels and means for all aspects of society to orderly participate in legislation. Strengthen legislative consultations, and give full play to the role of CPPCC members, democratic parties, federations of industry and commerce, people without party affiliation, people's organizations, and social organizations in legislative consultations.
(8) Persist in combining legislation, revision, abolition, and interpretation. Strengthen legislation in key fields, emerging fields, and fields related to foreign interests. Promote the implementation of new concepts of development and build a new framework of development, accelerating the improvement of urgently needed laws and regulations such as on deepening supply-side structural reforms, promoting innovation-driven development, and preventing and defusing financial risks. Strengthen restraints and oversight on the use of power, complete laws and regulations that regulate joint administrative actions, and research and draft an Administrative Procedures Law. Focusing on strengthening the construction of socialist culture, improve laws and regulations on the development of cultural affairs, cultural industries, and the protection of intellectual property rights. Strengthen the construction of legal systems that safeguard and improve the people’s livelihood and innovate in terms of social governance, in order to provide strong guarantees for advancing the modernization of education, implementing the Healthy China strategy, and maintaining social order. Strengthen the establishment of legislation and accompanying schemes for epidemic prevention and control, improving related punishment procedures, strengthening safeguards for public safety, and building a legal system for responding to public health emergencies that is comprehensive, scientifically standardized, and effectively implemented. Strengthen the construction of legal systems associated with and complementary to the Civil Code. Strengthen legislation in the field of national security. Improve the legal scheme for integrated military-civilian development. Strengthen legislation in the field of information technology, and promptly follow up on and study relevant legal schemes on issues such as the digital economy, internet finance, artificial intelligence, big data, and cloud computing, to make up for shortcomings without delay. Strengthen the construction of legal schemes for coordinated regional development. In formulating and revising laws and regulations, effort must be made to solve the problems of the cost of violations being low and punishment levels too low. Coordinate the resolution of problems of laws and regulations not being as rigid, strict, or severe as they should be in some sectors, such as food and medicine, ecology and environment, and production safety,
Promptly organize clean-ups for problems such as inconsistencies, incongruity, and incompatibility between legal provisions. Where there are multiple laws in a certain sector, codification should be carried out when conditions are ripe. Strengthen the coordination and supporting work for legislation, simultaneously researching and drafting both the draft law and its supporting regulations, to enhance the effectiveness of legal norms as a whole. Strengthen legislative evaluation and assessment work. Strengthen the interpretation of laws and regulations. Build a national unified information platform for laws, regulations, rules, administrative normative documents, judicial interpretations, and internal party regulations.
Persist in the linkage and promotion of legislation and reform, ensuring that major reforms are based on law, and giving full play to the leading and promoting role of legislation. Where reform is urgently needed and conditions are ripe for legislation, it should be quickly introduced; where the conditions are not yet ripe for legislation and advance trials are required, an authorizing or reform decision or reform decision is to be promptly made in accordance with law. Where reform measures involved in the authorization or reform decision are proven feasible in practice, the relevant laws and regulations shall be promptly formulated or revised in accordance with procedures.
Improve the legal policy systems that promote the Core Socialist Values, and integrate the requirements of the Core Socialist Value into the establishment of rule of law and social governance.
Strengthen rule of law safeguards for major national development strategies such as the coordinated development of Beijing-Tianjin-Hebei, the development of the Yangtze River Economic Belt, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, the integrated development of the Yangtze River Delta, the ecological protection and high-quality development of the Yellow River Basin, and the advancement of comprehensive deepening of reform and opening n Hainan.
(9) Complete mechanisms for legislative work. Complete mechanisms for initiating, drafting, debating, coordinating, and deliberating legislation, to increase the focus, timeliness, systematicness, and feasibility of legislation. Improve systems for the formulation of legislative plans, giving full play to the overall planning and guiding role of the legislative plans. Complete mechanisms for public consultation on draft laws, expand the coverage and representativeness of public participation, and enhance transparency in legislating. For legislative projects that are closely related to the operations of enterprises, fully hear out the opinions of relevant enterprises, industry associations, and chambers of commerce. Complete mechanisms for soliciting public opinions and accepting feedback, so that explanations shall be given where relatively concentrated opinions are not adopted. Make full use of big data analysis to provide statistical analysis and a basis for decision-making on major issues in legislation. Strengthen debate and consultation on legislation that involves adjustments of major interests, and advance the introduction of third-party assessments for important legislative matters over which there is significant controversy. Establish and complete coordination mechanisms for major legislative disputes to prevent long delays in legislative projects. Improve the technical specifications for legislation and strengthen legislative guidance.
(10) Strengthen local legislative work. Regions with legislative authority shall closely integrate local development needs and actual conditions, highlight local characteristics, and complete legislative work in a focussed, effective, and creative fashion. Complete mechanisms for local legislative work to improve the quality of legislation, ensure that it does not conflict with higher-level laws, and truly avoid legislation that exceeds legal authority, duplicative legislation, or blind legislation. Establish and complete mechanisms for coordinating regional legislative work and strengthen the Standing Committee of the National People's Congress's uniform guidance over local legislation that crosses regions. Before the end of 2025, complete rotational training for local legislators across the country.
IV. Establish High-efficacy Systems for Implementing the Rule of Law, Thoroughly Advancing Strict Law Enforcement, A Fair Judiciary, and a Population that Complies with Law
Strict law enforcement, a just judiciary, and the whole population's compliance with law must be thoroughly advanced to establish rule of law in China, completing a system of rule of law safeguards for social fairness and justice, tightly weaving the net of rule of law, strengthening the force of rule of law, and continuously strengthen the people's feelings of gain, happiness, and security.
(11) Build government governance systems with clear duties and administration in accordance with law. Governments at all levels must persist in administration in accordance with law, must act according to statutory responsibilities, and must not act without lawful authorization; and government activities must be fully put on the path of the rule of law.
Perform government functions fully in accordance with law, emphasize clarifying the relationships between government and market and between government and society, and pay more attention to the use of laws and systems to curb improper interference in economic activities. Thoroughly advance the streamlining of administration and delegation of power, and continue to rectify violations of laws and regulations in the indirect establishment of matters for administrative licensing. Vigorously promote the administration list system and implement dynamic management; compiling and publishing the lists of items for administrative licensing and items for filing management set at the central level, and completing compilation and publication of the list of State Council departmental authority and responsibilities in the first half of 2022.
Strictly implement systems for major administrative decision-making procedures to effectively prevent illegal, improper, and delayed decision-making. Give full play to the role of legal consultants and government lawyers in major administrative decision-making. Establish and complete the feedback tracking and assessment systems for major administrative decision-making. Fully advance mechanisms for reviewing the legality of administrative normative documents, wherein any administrative normative documents that involve the rights and obligations of citizens, legal persons, or other organizations should be reviewed for legality.
Deepen reforms of the administrative law enforcement system, coordinate the allocation of administrative law enforcement functions and resources, and minimize unnecessary administrative law enforcement matters as much as possible. Further integrate administrative law enforcement teams and continue to explore the implementation of comprehensive law enforcement across sectors and departments. Promote the shift of the focus of law enforcement down to the city and county governments, and increasingly slanting the focus of law enforcement personnel, funds, resources, and equipment to the grassroots level. Complete ex-ante , interim, and ex-post mechanisms for effective oversight connections, information interconnectivity and sharing, coordination and cooperation. Improve the coordination mechanism for administrative law enforcement authority. Complete linkage mechanisms between administrative law enforcement and criminal justice, and comprehensively advance the construction and application of the "Linking the two Laws" information platform. Improve the systems and mechanisms for compulsory administrative enforcement. Establish and improve mechanisms for joint military-local law enforcement.
Persist in strict, fair, and civilized law enforcement, fully implementing the administrative law enforcement publicity system, the system for recording the full process of law enforcement, and the legal review system for major law enforcement decisions. Strengthen law enforcement in key areas related to the vital interests of the people, such as food and medicine, public health, ecological environment, production safety, labor security, and wildlife protection. Advance the establishment of unified management for administrative law enforcement personnel qualifications and credentials, basic standards of administrative law enforcement documents, and the comprehensive management and oversight system for administrative law enforcement. Fully implement the system of norms for administrative discretion and regulate discretion in law enforcement. Improve and innovate in law enforcement methods, strengthen the use of non-compulsory administrative tactics such as administrative guidance, administrative rewards, and administrative settlement. Establish a case guidance system for administrative law enforcement. Establish and complete risk prevention and control mechanisms for administrative law enforcement. Strictly implement laws and regulations on emergency response, implement emergency response measures in accordance with law, and comprehensively increase the capacity and level of emergency response in accordance with law.
Strengthen and innovate in oversight during and after the fact, advancing joint cross-departmental “Double Random, Single Disclosure” oversight, strengthen key oversight for key sectors; explore new forms of oversight methods such as credit oversight, big data oversight, and permissive and prudent oversight; and strive to form systems for interim and ex post oversight that have full coverage, zero tolerance, greater transparency, emphasize efficacy, and preserve safety. Continue to carry out the action to "reduce documents for the people's convenience", and implement the notification and pledge system for certification matters.
Continue to create a business environment governed by law, implement a unified market access negative list system, clean up and remove hidden access barriers, and generally implement "non-prohibited access". Comprehensively clean up and abolish various unreasonable regulations on the non-public ownership economy, and resolutely correct the abuse of administrative power to eliminate and restrict competition. Comprehensively clean up violations of laws and regulations related to corporate fees, inspections, apportionment matters, and appraisal and commendation activities. Strengthen the building of credibility in government affairs, focus on managing government dishonesty behavior, and increase punishment and exposure. Implement a punitive compensation system for intellectual property infringement to encourage and protect technological innovation.
Speed up the promotion of "Internet + government service", and basically realize "one network, one door, one time" in key areas of government service and high-frequency matters. Before the end of 2022, a national integrated government service platform is to be established, except as otherwise provided by laws and regulations or involving state secrets, all government service matters will be handled by the platform, fully realizing "one network."
(12) Establish a socialist justice system with Chinese characteristics that is just, highly-effective, and authoritative. We must firmly grasp the deep-seated issues that affect judicial justice and restrict judicial capabilities, adhere to the combination of conformity to national conditions and compliance with judicial laws, and uphold and strengthen the party's absolute leadership over judicial work. Improve the public security organs, procuratorate organs, adjudication organs, and judicial administrative organs to perform their duties, as well as the institutional mechanisms of mutual cooperation and restriction between the investigation powers, procuratorial powers, adjudication powers, and enforcement powers. Deepen the comprehensive reform of the judicial system and fully implement the judicial accountability system.
Clarify the functional positioning of the four-level courts and give full play to the supervisory function of the trial level. Improve civil retrial procedures, and explore the referral of cases that have universal legal application and guidance significance and that are related to the public interest to higher-level courts. Improve the working mechanisms of the circuit courts of the Supreme People's Court and complete comprehensive supporting measures. Improve the construction of special courts for intellectual property, finance, and maritime affairs, and strengthen the construction of Internet courts. Deepen the reform of a system of judicial jurisdictions appropriately distinct from administrative regions. Improve the judicial protection system for minors.
Persist in "letting those who hear a case make the judgment, and holding those who make the judgment responsible", to empower judges hearing cases alone and collegiate panels in accordance with the law. Complete mechanisms to hear major, difficult, and complicated cases by division heads and court presidents. Persist in " those who handle the case are responsible, those who decide are responsible", and implement the principal position of prosecutors in handling cases. Improve the system of procurators in leadership positions directly handling cases. Strengthen the construction of case-handling teams, and promote the professional division of labor of judicial personnel and professional handling of cases. Improve the system of professional judges' meetings and joint prosecutors' meetings, and earnestly give full play to the function of providing legal advice to case-handling organizations. Strengthen and improve the guiding case system to ensure uniform application of law.
Deepen the trial-centered reform of the criminal procedure system. Improve the investigation and evidence collection system for investigative organs, and standardize the systems of supplementary investigation, non-prosecution, and withdrawal of prosecution. Improve the system of pretrial meetings and the exclusion of illegal evidence, standardize court investigations and sentencing procedures in court trials, implement the system of witnesses, appraisers, and investigators appearing in court for testimony, and improve the rules for courts investigating and using technical investigation evidence. Improve the leniency system for confession of guilt and punishment, and implement the criminal policy of combining leniency and strictness. Reform the criminal appeal system, and gradually implement a lawyer-represented system for appeals that disagree with effective judgments and decisions of judicial organs. Improve the implementation of the legal aid duty lawyer system, and realize the full coverage of lawyer defense and legal assistance in criminal cases. Improve relevant working mechanisms, and punish illegal and criminal acts that hinder response to emergencies in accordance with the law.
Improve systems and institutions for civil litigation. Explore the expansion of the scope of application of small claims litigation procedures, and improve their conversion and application mechanisms with simplified procedures and ordinary procedures. Explore expanding the application scope for single judge trials. Optimize the application of judicial confirmation procedures. Reform the litigation fee system. Comprehensively build a modern litigation service system that is intensive, efficient, diversified, convenient for the people, smart and precise, open and interactive, and integrated and shared. Accelerate the reform of cross-domain case filing and litigation services, and realize that litigation services can be handled nearby, in the same city, and in different places by the end of 2022.
Deepen the reform of the implementation system, strengthen the comprehensive management of implementation difficulties, and the source management. Promote the separation of trial and enforcement, optimize the allocation of enforcement power, and implement a unified management, unified command, and unified and coordinated implementation work mechanism. Improve the systems for enforcing criminal punishments and unify enforcement structures. Deepen reforms of the prison system and mechanisms, implementing a system divided by types of crimes and prison level. Improve the community corrections system. Improve the work docking mechanism between prisons, detention centers, community correction, and placement assistance institutions.
(13) Thoroughly advance the populations' compliance with law. Fully governing the country by law requires the participation of the whole society, it is necessary to vigorously promote the spirit of the socialist rule of law, build a socialist rule of law culture, and guide all people to be loyal advocates, conscious adherents, and firm defenders of the socialist rule of law.
Improve and innovate the popularization of law, increase the efforts to popularize civil law, and strengthen the rule of law concept for the whole people. Establish and improve the regularization mechanism for publicity and reporting of legislative work, and take the initiative to speak out and resolve doubts on hot issues of legislation. Fully implement the responsibility system of "whoever enforces the law shall popularize the law". Develop in depth the case interpretation activities by judges, prosecutors, administrative review personnel, administrative law enforcement personnel, and lawyers. Strengthen publicity, education, and legal services for the rule of law in emergency responses.
Extensively promote the people's participation in social governance, and create a social governance pattern featuring co-construction, co-governance and sharing. Improve the institutionalized channels for the masses to participate in grassroots social governance. Accelerate the modernization of municipal social governance. Improve the normative system of social governance. Give play to the role of trade unions, the Communist Youth League, the Women's Federation, and other groups in leading and connecting the masses to participate in social governance. Accelerate the advancement of social credit legislation and improve the punishment mechanism for dishonesty. Standardize the list system of untrustworthy targets, clearly formulate the basis, scope of application, punishment standards and relief mechanisms in accordance with laws and regulations, and protect the legitimate rights and interests of citizens and enterprises while strengthening punishment for dishonesty. Strengthen the law enforcement and judicial protection of property rights, and improve the screening and correction mechanism for wrong cases involving property rights. Improve the criminal accountability system for violent attacks on police. Intensify the crackdown on criminal acts that violently harm medical staff.
Focus on the people’s growing need for a better life, strengthen public legal services, accelerate the integration of public legal service resources such as lawyers, notarization, mediation, arbitration, legal aid, and forensic appraisal, by 2022, it will basically have formed a modern public legal service system that is convenient, efficient, as well as impartial and inclusive in urban and rural areas. Construct a public legal service evaluation index system, and test the effectiveness of public legal service work with public satisfaction. Promote the construction of high-quality foreign-related legal service teams, and build high-level foreign-related legal service institutions.
Actively guide the people to defend their rights in accordance with the law and resolve conflicts and disputes, and adhere to and develop the "Fengqiao Experience" in the new era. Give full play to the role of people's mediation as the first line of defense, improving working systems of people's mediation, administrative mediation, and judicial mediation. Fully carry out lawyer mediation work. Improve the comprehensive mechanism of multiple prevention, mediation and resolution of social conflicts and disputes such as mediation, letters and visits, arbitration, administrative adjudication, administrative reconsideration, litigation, etc., integrating resources and forces for resolution of conflicts and disputes at the grassroots level, and give full play to the role of non-litigation dispute resolution mechanisms. Deepen the reform of the legal aid system and expand the coverage of legal aid. Promote administrative adjudication work in an orderly manner, and explore expanding the scope of application of administrative adjudication.
V. Establish a tight legal supervision system to effectively strengthen the supervision of legislation, law enforcement, and judicial work
To build a rule of law in China, we must step up efforts to improve the power operation restriction and supervision mechanism, regulate the exercise of power by the legislative, law enforcement, and judicial organs, and build a unified leadership, comprehensively covered, authoritative and efficient rule of law supervision system by the party.
(14) Advance overall supervision of rule of law work. Strengthen the party’s centralized and unified leadership over the supervision of the rule of law, take the supervision of the rule of law as an important part of the party’s and state’s supervision system, ensure that administrative, supervisory, judicial, and procuratorial powers are properly exercised in accordance with the law, and guarantee the earnest protection of the legitimate rights and interests of citizens, legal persons, and other organizations. Strengthen state agency supervision, democratic supervision, mass supervision, and public opinion supervision, form a joint force of legal supervision, and give full play to overall supervision efficiency. Promote the thoroughness of discipline enforcement and effective connection of justice. Improve the system of people's supervision. Persist in disclosure as normal, and non-disclosure as the exception, comprehensively promote legislative disclosure, law enforcement disclosure, and judicial disclosure, gradually expand the scope of disclosure, improve the level of disclosure services, and actively accept the supervision of news media by public opinion and social supervision. The Political and Legal Committee of the Party Committee shall guide and promote the establishment and improvement of a restriction and supervision system that is compatible with the operation mechanism of law enforcement and judicial power, build a law enforcement and judicial responsibility system with clear powers and responsibilities, and improve institutional mechanisms, such as political supervision, comprehensive supervision, law enforcement supervision, and disciplinary supervision and inspection.
(15) Strengthen legislative oversight work. Establish and improve working mechanisms for legislative supervision and improve supervision procedures. Promote the drafting of laws, regulations and rules to solicit opinions from representatives of the People's Congress and CPPCC members. Handle in accordance with the law the review requirements or review suggestions made by state agencies, social organizations, enterprises and institutions, and citizens regarding laws and regulations.
Strengthen the filing and review system and capacity building to realize that all necessary documents, all preparations must be reviewed, and errors must be corrected. Improve the filing review procedures, clarify the review scope, standards and corrective measures. Strengthen the filing and review of administrative normative documents of local governments at all levels and government departments at or above the county level, and the supervision and regulatory documents of local supervision committees at all levels. Strengthen the filing and review of judicial interpretations. Include regulatory documents formulated by local courts and procuratorates into the scope of filing and review by the Standing Committee of the People's Congress at the corresponding level. Speed up the establishment of a unified national information platform for filing and review. Establish and improve the linkage mechanism for the filing and review of the party committee, the standing committee of the people's congress, the government, and the military. Establish and improve the annual report system for filing and review work.
(16) Strengthen supervision of law enforcement work. Strengthen the construction of the administrative law enforcement coordination and supervision work system covering the four levels of provinces, cities, counties and townships, strengthen all-round and full-process supervision, and improve the quality of law enforcement. Intensify the accountability of those responsible for law enforcement omissions, arbitrary actions, selective law enforcement, and profit-seeking law enforcement, and implement the administrative law enforcement responsibility and accountability system. Improve the reporting and handling mechanisms for administrative law enforcement complaints.
Strengthen and improve administrative reconsideration work, strengthen the administrative reconsideration supervision function, and intensify the correction of illegal and improper administrative acts. Promote the reform of the administrative reconsideration system, integrate administrative reconsideration responsibilities, unblock administrative reconsideration channels, and basically form a fair, authoritative, unified and efficient administrative reconsideration work system by 2022. Improve the administrative reconsideration case trial mechanism, and strengthen the standardization, specialization and informatization of administrative reconsideration. Standardize and strengthen administrative response work.
(17) Strengthen supervision of judicial activities. Improve the restriction and supervision system for judges and prosecutors in handling cases, and promote judicial justice. Comprehensively implement a case-handling responsibility system for judges and prosecutors, and uniformly regulate the jurisdiction of judges and prosecutors in handling cases. Strengthen the supervision and management of the operation of judicial powers and procuratorial powers, clarify the supervision and management powers and responsibilities of the presidents of courts, division chiefs, chief procurators of the procuratorate, and heads of business departments, and improve the list of powers and responsibilities of judges and prosecutors. Improve the evaluation and supervision mechanism for the handling of cases by judges and prosecutors who hold leadership positions, and establish an internal publicity and regular notification mechanism. Improve the implementation of the system for recording accountability of interrogation cases by judicial personnel, and regulating the contacts and interactions between judicial personnel and lawyers and parties. Construct a scientific and reasonable judicial responsibility identification and investigation system. Improve the punishment system for judicial personnel and clarify the punishment circumstances and procedures.
Improve the handling mechanisms for civil and administrative procuratorial supervision and public interest litigation cases. Improve the legal supervision mechanism of the Supreme People's Court Circuit Courts, Intellectual Property Courts, Financial Courts, Internet Courts, etc. Expand the scope of public interest litigation cases, improve the legal system of public interest litigation, and explore the establishment of a punitive compensation system for civil public interest litigation. Improve the system of procuratorial suggestions.
Improve the working mechanism of criminal case filing supervision and investigation supervision. Improve the unified review and export mechanism of criminal cases, and standardize the judgment and use of evidence review. Improve the system for investigative agencies to hear opinions and suggestions from procuratorial agencies in handling major cases. Improve the supervision mechanism for investigation measures such as seizures, impounding, and freezing. Improve mechanisms for accepting, transferring, and reviewing criminal complaints. Promote the construction of law enforcement and case handling management centers in the city and county public security organs.
Strengthen judicial protection of human rights. Establish a system to verify the legality of interrogation before the conclusion of the investigation of major cases. Improve the working mechanism of interrogating criminal suspects and hearing the opinions of the defense counsel. Establish a patrol inspection system for prisons and detention centers. Improve the detention center management system. Improve effective prevention and timely detection and correction of unjust, false and wrong cases. Improve the protection mechanism for defenders and litigation agents to exercise litigation rights.
VI. Establish a Forceful System of Rule of Law Safeguards, Building a Robust Backing for a China with Rule of Law
To build a rule of law in China, we must strengthen the guarantees of politics, organization, team, talents, science and technology, information, etc., to provide important support for the comprehensive rule of law.
(18) Strengthen political and organizational safeguards. Party committees (party groups) and leading cadres at all levels must support legislative, law enforcement, and judicial organs in their work, and support judicial organs in exercising their powers independently and impartially in accordance with the law. Organization departments at all levels of the party must give full play to their functions to ensure the advancement of the rule of law in China. The central and provincial party and government departments must clarify the institutions responsible for the rule of law in their respective departments. Party groups (party committees) of legislative, law-enforcement, and judicial organs at all levels must strengthen leadership and perform their duties with due diligence. Party organizations and party members at the grassroots level must give full play to their role as fighting fortresses and vanguards to ensure the implementation of the Constitution and laws. Strictly implement the "Provisions on Records, Notifications and Accountability of Leading Cadres Interfering in Judicial Activities and Intervening in the Handling of Specific Cases."
(19) Strengthen team and personnel safeguards. Firmly grasp the general requirements of being loyal to the party, the country, the people, and the law, vigorously improve the ideological and political quality, professional work ability, and professional ethics of the rule of law work force, and strive to build a high-quality rule of law work force with both morality and ability.
Build a revolutionary, regularised, specialised, and professional legal team. Persist in putting political standards in the first place, strengthen scientific theories, and conduct in-depth education on ideals and beliefs. Improve legal professional access and qualification management systems, and establish a unified pre-employment training system for legal professionals and a co-training system for in-service judges, prosecutors, police officers, and lawyers. Improve the system of recruiting legislators, judges, prosecutors, and administrative review personnel from qualified lawyers and legal experts. Strengthen the construction of legislative work teams. Establish and complete a normalized exchange mechanism for cadres and talents in the legislative, law enforcement, and judicial departments, and increase the intensity of exchanges between special teams for the rule of law and qualified cadres and talents in other departments. Strengthen the construction of special teams for the rule of law in border areas, ethnic areas and grassroots. Improve the management system of judges and prosecutors, and standardize the selection criteria and procedures. Strengthen the construction of law enforcement and judicial assistance personnel. Establish and improve a rule of law staff management system that conforms to professional characteristics, and improve the professional security system. Complete systems for law enforcement and judicial personnel to perform their duties in accordance with the law, guarantee relief for violations of their duties, and clarify false reports. Strengthen the education and training of specialized teams on the rule of law.
Speed up the development of legal service teams for lawyers, notarization, judicial authentication, arbitration, and mediation. Improve professional ethics and practice codes, and improve professional ethics evaluation mechanism. Supporting the leadership of the Communist Party of China and supporting my country's socialist rule of law are the basic requirements of legal service personnel. Persist in and strengthen the party's leadership over the work of lawyers, and promote party building in the lawyer industry. Improve the protection system and mechanism for lawyers' practice rights. Improve the disciplinary mechanism for legal professionals such as judges, prosecutors, and lawyers, and establish a system for disclosing and inquiring records of lawyers’ bad practice information. Develop public lawyers, corporate lawyers, party and government agencies, enterprises and institutions, and village (residential) legal counsel teams.
Build a legal talent training system that highlights the characteristics of the times and reflects Chinese characteristics. Persist in the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, persist in establishing morality and cultivating morality and law, and solve the problems of who teaches, what to teach, who to teach, and how to teach. Promote the construction of a legal discipline system, an academic system, a teaching material system, and a discourse system that is guided by Marxism. Deepen the reform of higher legal education, optimize the legal curriculum system, strengthen legal practice teaching, and cultivate high-quality legal talents with firm beliefs, that incorporate both morals and laws, and that behave sincerely. Promote legal education and training for teachers. Strengthen the construction of legal teacher teams. Improve the curriculum of the foreign-related law specialty in colleges and universities. Strengthen the training of foreign-related legal personnel, and innovate the training model of foreign-related legal personnel. Establish and improve a two-way exchange mechanism among legal education, legal research workers and legal practitioners.
(20) Strengthen safeguards for technology and information technology. Make full use of big data, cloud computing, artificial intelligence and other modern technological means to comprehensively build a "smart rule of law", and promote the digitalisation, networkisation, and intelligentisation of the rule of law in China. Optimize and integrate various information, data, and network platforms in the field of rule of law, and promote the construction of the nationwide rule of law informatization project. Accelerate the organic integration of public legal service entities, hotline platforms, and network platforms, and build a public legal service network covering all businesses across all time and space.
VII. Establish and improve intra-party legal systems, persisting in unerringly advancing Party governance in accordance with regulations.
To build a rule of law in China, we must adhere to the organic unity of governing the country according to law and governing the party according to regulations, accelerate the formation of an internal party legal system covering all aspects of party leadership and party building, strengthen the party’s ability to govern according to law, improve the level of party governance, and ensure that the party always remains the core of strong leadership for the cause of socialism with Chinese characteristics.
(21) Complete the system of intra-Party regulations. Persist in and strengthen the overall leadership of the party, insist that the party must manage the party, govern the party strictly, take the party constitution as the foundation, take democratic centralism as the core, constantly improving the party’s organization regulations, the party's leadership regulations, the party's self-building regulations, the party’s supervision and guarantee regulations, building an inner-party legal system with scientific content, strict procedures, complete supporting facilities, and effective operation. Persist in the simultaneous implementation of legislation, reform, abolition, and interpretation, advance with the times, do a good job in formulating and revising internal party laws and regulations, improve the clean-up work mechanism, increase interpretation efforts, and improve the quality of party laws and regulations. Improve the filing and review system of the party's laws and regulations, insist that all documents are necessary, all preparations must be reviewed, and errors must be corrected, so as to maintain the unity and authority of the party's legal system. Pay attention to the convergence and coordination of internal party regulations and national laws, and strive to form a structure in which national laws and internal party regulations are complementary, mutually reinforcing, and mutually guaranteed.
(22) Do a good job of implementing intra-Party regulations. Put the enhancement of the party’s enforcement of internal laws and regulations in a more prominent position, unify the grasping of the “critical minority” and the management of the “overwhelming majority”, and lead the leadership of the leading organs and party members at all levels to respect and abide by the rules, and spur on the whole party to observe rules and disciplines. Strengthen learning and education, list important internal party laws and regulations as an important content for the party committee (party group) theoretical study center group, as an important teaching content for party schools (administrative schools) and cadre colleges, and include them in important tasks of the rule of law publicity and education plan. Intensify the disclosure of internal party regulations and increase the popularity and awareness of internal party regulations. Implement the responsibility system for the implementation of laws and regulations within the party, and ensure that there are regulations that must be enforced and regulations must be strict. Carry out the evaluation of the implementation of internal party regulations and promote the implementation of internal party regulations. Strengthen supervision and inspection and accountability, regard the implementation of party laws and regulations as an important content of party committees at all levels to examine, inspect, and investigate, and strictly investigate and deal with various violations of party laws and regulations.
(23) Strengthen assurances for the establishment of intra-Party regulations. Strengthen the construction of a special work team for internal party laws and regulations, highlight political standards, strengthen professionalization construction, enriching the staff of internal party laws and regulations work agencies at all levels. Speed up the shortcomings in the theoretical research of the party's laws and regulations, focus on building a group of high-end think tanks and research and education bases for the party's laws and regulations research, promote the formation of a batch of high-quality research results, and lead and gather a group of inner-party laws and regulations research talents. Improve the training mechanism for reserve talents, continue to promote the development of postgraduate education in the direction of inner-party laws and regulations in some universities, strengthen discipline construction, and provide talent support for the sustainable development of inner-party laws and regulations.
8. Tightly Focus on the Overall Situation of the Party and State in the New Era to Preserve National Sovereignty, Security, and Developmental Interests in Accordance with Law
To build a rule of law in China, we must attach great importance to ensuring the practice of "one country, two systems" in accordance with the law, consolidating and deepening the peaceful development of cross-strait relations, using rule of law thinking and methods to handle international economic, political, and social affairs, and in-depth promotion of the rule of law and strictly govern the army to better safeguard peace to achieve the strategic goal of peaceful development of our country.
(24) Lawfully ensure the implementation of "one country, two systems" and advance the unification of the motherland. Uphold the Constitutions position as the highest law with the highest legal effect; unerringly persist in fully and accurately implementing the directives of 'One Country, Two Systems', 'Hong Kong being governed by people of Hong Kong', 'Macao being governed by people of Macao', and a high degree of autonomy; persist in governing Hong Kong and Macao in accordance with law, preserve order in the Constitutional system of the special administrative regions set forth in the Constitution and Basic Law; organically unify the Center's comprehensive power to govern the special administrative regions with safeguards for the administrative regions' high degree of autonomy; improve systems and mechanisms related to the administrative regions' implementation of the Constitution and Basic Law. Support the chief executive and government of the special administrative region and in governance and positive action in accordance with the law, and fulfilling the constitutional responsibility to safeguard national sovereignty, security, and development interests. Complete and implement legal systems and enforcement mechanisms for preserving national security in the special administrative regions, to ensure the steady implementation of 'one country, two systems', Prevent and oppose foreign forces' intervention in Hong Kong and Macao affairs, preserving the long-term prosperity and stability of Hong Kong and Macao.
Explore a"one country, two systems" plan for Taiwan to advance the process of peaceful reunification of the motherland. Promote the achievement of institutionalized cross-strait arrangements on peaceful development, improve and promote cross-straight communication and cooperation, thoroughly integrate cross-straight development, and ensure institutional arrangements and policy measures for the well-being of Taiwan compatriots. Support cross-strait communication and exchanges in jurisprudence and legal circles. Use the rule of law to defend the one-China principle, resolutely oppose "Taiwan independence," and resolutely preserve the national sovereignty, security, and development interests.
Protect the rights and interests of Hong Kong, Macao, and Taiwan compatriots in accordance with law. Comprehensively advance cooperation between the mainland, Hong Kong, and Macao, improve policy measures for facilitating development in the mainland by residents of Hong Kong and Macao. Strengthen law enforcement cooperation and judicial assistance between the Mainland and Hong Kong and Macao, and between the Mainland and Taiwan, to jointly combat cross-border illegal and criminal activities.
(25) Strengthen rule of law work involving foreign interests. To meet the high-level needs of opening to the outside world, improve the system of laws and rules related to foreign interests, compensate for shortcomings, and raise the level of bringing efforts involving foreign interests under rule of law.
Actively participate in the formulation of international rules and promote the formation of a fair and reasonable international rule system. Accelerate the advancement of the construction of a legal system applicable outside the jurisdiction of our country. Rotating around promoting international cooperation in the joint construction of the “Belt and Road”, advance the construction and improvement of international commercial courts. Promote the establishment of joint arbitration mechanisms between our nation's arbitration institutions and national arbitration institutions under the "Belt and Road" initiative. Strengthen foreign-related legal services and safeguard the legitimate rights and interests of Chinese citizens and legal persons overseas and foreign citizens and legal persons in our country. Establish a legal system for foreign-related work. Guide foreign economic and trade cooperation enterprises to strengthen compliance management and raise awareness of legal risk prevention. Establish and improve a mechanism for ascertaining foreign laws. Promote propagating the rule of law in foreign countries and tell the story of the rule of law in China well. Strengthen the research and application of international law.
Strengthen multilateral and bilateral dialogue on the rule of law and promote exchanges on the rule of law with foreign countries. Deepen international judicial exchanges and cooperation. Improve my country's judicial assistance system and mechanisms, and promote international cooperation in the field of judicial assistance in the field of extradition, repatriation of criminal suspects and transfer of sentenced persons. Actively participate in international cooperation in law enforcement and security, and jointly combat violent terrorist forces, ethnic separatist forces, religious extremist forces, drug trafficking and smuggling, and transnational organized crime. Strengthen international cooperation in anti-corruption, and increase efforts in overseas pursuit of stolen goods, repatriation, and extradition.
(26) Thoroughly advance the strict governance of the military in accordance with law. Thoroughly implement Xi Jinping Thought on Strengthening the Army, uphold the party’s absolute leadership over the People’s Army, fully and thoroughly implement the Military Commission Chairman’s responsibility system, focus on achieving the party’s goal of strengthening the military in the new era, accelerate the construction of a comprehensive military rule of law system with Chinese characteristics, and promote the fundamentals of military governance change.
Accelerate the advancement of urgently needed reforms, preparations for war, and key legislative projects anticipated by soldiers and officers. Push forward the reform of military policy system vigorously and orderly. Improve the military legislative plan management system. Improve the review and filing system of military normative documents. Improve the regular clean-up mechanism of military laws and regulations. Promote the informatization of military legal systems, promote the integration of legal systems, and the codification of military regulations. 2020年年底前，完成国防和军队建设各系统各领域主干法规制度改革，构建起中国特色社会主义军事法规制度体系基本框架；到2022年，健全各领域配套法规制度，构建起比较完备的中国特色社会主义军事法规制度体系。
Clarify the enforcement responsibilities and procedures for military regulations, and put systems in place for enforcement responsibility. Strengthen officers' and soldiers' faith in the rule of law, and thoughts on the rule of law, and deepen the activities on building military camps under the rule of law. Continue to implement the theoretical research project of the military rule of law, and organize the compilation of teaching materials on the unified theory of military rule of law. Strengthen international exchanges on the military rule of law and actively participate in the creation of international military rules. Comprehensively use methods such as internal Party supervision, hierarchical oversight, and special oversight to build a normalized and standardized military rule of law oversight system.
Establish a leadership system for the governance of military organizations in accordance with law, and establish a leading body for the military commission's governance of military organizations in accordance with law, and it's office. Complete the military legal system, establishing, adjusting and improving specialized military legal systems. Establish a military legal advisor system. Complete mechanisms for Party leadership of the military's political-legal work, strengthening the functions and roles of the military commissions' political-legal commission. Improve systems for military justice.
IX. Strengthen the Party's Centralized Leadership of the Establishment of a China with Rule of Law, Giving Full Play to the Party's Role in Taking Charge of the Overall Situation and Coordinating All Aspects
In establishing rule of law in China, the Party’s leadership must always be the most fundamental guarantee of the socialist rule of law, and strengthening the party’s leadership is to be implemented in the entire process and all aspects of the comprehensively governing the country in accordance with law.
(27) Thoroughly study, publicize, and implement Xi Jinping thought on rule of law. Xi Jinping's thought of rule of law is the fundamental guide for compliance and action in comprehensively governing the country according to law. It is necessary to strengthen deployment arrangements, continue to promote the broad masses of cadres and the masses to thoroughly study and implement Xi Jinping Thought on Rule of Law, deeply understand the Marxist standpoints and methods contained therein, fully and accurately grasp the spiritual essence, rich connotation and core essentials, and enhance the consciousness and determination of study and implementation. The theoretical study center group of party committees (party groups) at all levels should focus on Xi Jinping Thought Rule of Law, and party schools (administrative schools) and cadre colleges should be key courses. All regions and departments should organize party members and cadres to conduct systematic study and training. The rule of law work department should carry out training and rotation training on all fronts and coverage. It is necessary to integrate Xi Jinping Thought on Rule of Law into school education and include it into the teaching system of the theory of rule of law in colleges and universities, and do a good job of entering teaching materials, entering the classroom, and entering the mind. We must carry out in-depth research and publicity to expand the breadth and depth of learning and publicity. Use new media and new technologies to strengthen online presentations.
(28) Promote governance in accordance with law. Improve the party's overall leadership system. Promote the party's leadership into the law and regulations, and strive to realize the institutionalization and rule of law of the party's leadership. Improve the systems of party leadership, government, CPPCC, supervisory organs, judicial organs, procuratorial organs, armed forces, people's organizations, enterprises and institutions, grassroots mass autonomous organizations, and social organizations. The requirements for upholding the party's overall leadership shall be included in the Organic Law of State Institutions, and included in the articles of association of the CPPCC, democratic parties, the Federation of Industry and Commerce, people's organizations, state-owned enterprises, colleges and universities, and relevant social organizations. Improve the party committee's decision-making mechanism according to law, and improve the rules of procedure and decision-making procedures.
Establish a list system of laws and regulations that leading cadres should know and understand, and promote leading cadres to be models of respecting law and law-abiding usage. Include the literacy of the rule of law and the performance of duties according to law in the important content of the assessment and evaluation of cadres. Leading cadres at all levels must comprehensively improve the use of rule of law thinking and methods to deepen reforms, promote development, resolve contradictions, maintain stability, and respond to risks. They must never use words to replace the law, use power to suppress the law, pursue profit and violate the law, and pervert the law for personal gain.
(29) Strengthen Research on the Theory of Socialist Rule of Law with Chinese Characteristics, and Accelerate the Construction of a Socialist Rule of Law System with Chinese Sharacteristics. Based on our country's national conditions and reality, strengthen theoretical research on the construction of the socialist rule of law, and quickly build a legal theory and discourse system that reflects the nature of my country's socialism and has distinctive Chinese characteristics, practical characteristics, and era characteristics. Persist in and develop the significant advantages of our country's legal system construction, deepen the studying and summing up of the successful experiences of my country's legal system construction, and promote the innovative development of the socialist legal system with Chinese characteristics. Excavate and inherit the excellent Chinese traditional legal culture, study, summarize and refine the practice and theoretical results of the party leading the people to promote the rule of law. Organize and promote universities, scientific research institutes, and legal experts and scholars to strengthen the theoretical research on the socialist rule of law with Chinese characteristics, and provide academic support for the construction of a rule of law in China.
(30) Strengthen the Party's unified leadership, unified deployments, and overall coordination of comprehensively governing in accordance with law. Improve the system and mechanism for the party to lead legislation, ensure law enforcement, support justice, and take the lead in observing the law. The main person in charge of the party and government must earnestly perform the duties of the first person responsible for advancing the rule of law construction, and include the performance of the duties of the first person responsible for advancing the rule of law construction into the content of the year-end report. Party committees at all levels must deploy, advance, supervise, evaluate, reward and punish rule of law construction and economic and social development together. Research and formulate the rule of law construction indicator system and assessment standards. Strengthen rule of law inspections on major issues in the rule of law.
The Central Committee for the Rule of Law in China shall do a good job in the top-level design, overall layout, overall coordination, overall promotion, and implementation of the rule of law in China, so as to achieve centralized leadership, efficient decision-making, and unified deployment. Local party committees at all levels should strengthen the leadership, planning, and implementation of the rule of law in the region.
All regions and departments must fully and accurately implement the spirit and requirements of this plan, formulate implementation plans based on actual conditions, clarify the division of labor, compress responsibilities, pay close attention to implementation, seek practical results, and refrain from formalism and bureaucratism. The Central Government’s Office of Governing the State According to Law should strengthen overall planning and coordination, strengthen supervision, and promote implementation to ensure that the planned tasks and measures are implemented.
[…] included in both the SPC’s fifth five-year court reform plan (released in 2019) and the recent Plan for Building the Rule of Law in China (2020–2025). Both documents propose to let higher-level courts hear cases that have general guidance value for […]
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[…] Plan on Building the Rule of Law in China (2020–2025) published in August 2021, purports to “improve the protection mechanism for defenders and […]
[…] “fourth industrial revolution” technologies, including artificial intelligence, is one of the key tenets of Xi Jinping Thought on Rule of Law, which states that China […]
[…] Plan on Building the Rule of Law in China (2020–2025) published in August 2021, purports to “improve the protection mechanism for defenders and […]